S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8095

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2011
                               ___________

Introduced  by M. of A. GLICK -- (at request of the Division of Homeland
  Security and Emergency Services) -- read  once  and  referred  to  the
  Committee on Governmental Operations

AN  ACT to amend the state finance law, in relation to background checks
  in connection with certain contracts; and to amend the executive  law,
  in  relation to background checks of current and transferred employees
  of the division of homeland security and emergency services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 10 of section 163 of the state finance law is
amended by adding a new paragraph g to read as follows:
  G. IN CONTRACTS FOR SERVICES RELATED  TO  CRITICAL  INFRASTRUCTURE,  A
STATE  AGENCY,  DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMIT-
TEE, PUBLIC AUTHORITY, PUBLIC  CORPORATION,  COUNCIL,  OFFICE  OR  OTHER
GOVERNMENTAL  AGENCY  MAY  INCLUDE  IN CONTRACT DOCUMENTS, A REQUIREMENT
THAT PERSONS EMPLOYED BY THE CONTRACTOR TO PERFORM WORK PURSUANT TO  THE
CONTRACT  SHALL  BE  REQUIRED  TO  UNDERGO A STATE AND NATIONAL CRIMINAL
HISTORY RECORD CHECK. WHEN REQUIRED, THE FINGERPRINTS OF SUCH AN EMPLOY-
EE SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE  SERVICES  AND
THE  DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO CHARGE A FEE
IN CONNECTION WITH SUCH CRIMINAL HISTORY RECORD CHECK  AND  SUBMIT  SUCH
FINGERPRINTS  TO THE FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH
APPLICABLE RULES OR INFORMATION, IF ANY, CONCERNING SUCH  EMPLOYEE,  AND
FOR  A  NATIONAL  CRIMINAL HISTORY RECORD CHECK. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR INFORMING  ITS  EMPLOYEES  THAT  SUCH  CRIMINAL  HISTORY
RECORD  CHECKS SHALL BE CONDUCTED AND FOR OBTAINING THE FINGERPRINTS FOR
TRANSMITTAL TO THE DIVISION OF CRIMINAL JUSTICE SERVICES IN THE FORM AND
MANNER PRESCRIBED BY THE DIVISION. IN  DETERMINING  WHETHER  TO  INCLUDE
SUCH  REQUIREMENT IN CONTRACT DOCUMENTS, THE COMMISSIONER OR STATE AGEN-
CY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION,  COMMITTEE,  PUBLIC
AUTHORITY,  PUBLIC  CORPORATION,  COUNCIL,  OFFICE OR OTHER GOVERNMENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09686-03-1
              

A. 8095                             2

AGENCY SHALL CONSIDER, BUT NOT BE LIMITED TO  CONSIDERING,  WHETHER  THE
CONTRACTOR'S  EMPLOYEES  WILL  ENTER, REMAIN OR OTHERWISE HAVE ACCESS TO
CRITICAL INFRASTRUCTURE AS THAT TERM IS DEFINED IN SUBDIVISION  FIVE  OF
SECTION  EIGHTY-SIX OF THE PUBLIC OFFICERS LAW IN THE COURSE OF PERFORM-
ING THE CONTRACT, OR HAVE ACCESS TO SENSITIVE SECURITY INFORMATION,  AND
WHETHER  THE  WORK  IS  OF A TYPE THAT, IF PERFORMED BY EMPLOYEES OF THE
STATE, APPLICANTS FOR EMPLOYMENT WOULD  BE  REQUIRED  BY  THE  STATE  TO
SUBMIT  TO  A CRIMINAL HISTORY RECORD CHECK PURSUANT TO SECTION FIFTY OF
THE CIVIL SERVICE LAW OR ANY OTHER APPLICABLE LAW.  A  DETERMINATION  ON
WHAT  CONSTITUTES  CRITICAL INFRASTRUCTURE IN THE STATE SHALL BE MADE BY
THE CONTRACTING STATE ENTITY IN CONSULTATION WITH THE OFFICE OF  COUNTER
TERRORISM.  DETERMINATIONS  ON  THE  SUITABILITY  OF  WHETHER A CONTRACT
EMPLOYEE SHALL BE PERMITTED TO ENTER, REMAIN OR OTHERWISE HAVE ACCESS TO
CRITICAL INFRASTRUCTURE OR SENSITIVE SECURITY INFORMATION IN THE  COURSE
OF  PERFORMING THE CONTRACT SHALL BE MADE BY THE CONTRACTING STATE AGEN-
CY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION,  COMMITTEE,  PUBLIC
AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR THE GOVERNMENTAL AGEN-
CY IN ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  S  2.  Subdivision 2 of section 709 of the executive law is amended by
adding a new paragraph (v) to read as follows:
  (V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING  SUBDIVISION
FOUR  OF  SECTION  FIFTY  OF  THE CIVIL SERVICE LAW, REQUIRE CURRENT AND
TRANSFERRED EMPLOYEES TO UNDERGO A STATE AND NATIONAL  CRIMINAL  HISTORY
RECORD  CHECK FOR PURPOSES OF CONDUCTING BACKGROUND CHECKS OF SUCH INDI-
VIDUALS. THE FINGERPRINTS OF SUCH INDIVIDUALS SHALL BE SUBMITTED TO  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  AND  THE DIVISION OF CRIMINAL
JUSTICE SERVICES IS AUTHORIZED TO CHARGE A FEE IN CONNECTION  WITH  SUCH
CRIMINAL  HISTORY  RECORD  CHECKS  AND  SUBMIT  SUCH FINGERPRINTS TO THE
FEDERAL BUREAU OF INVESTIGATION, IN ACCORDANCE WITH APPLICABLE RULES  OR
REGULATIONS  PROMULGATED  BY  SUCH ENTITIES, IN ORDER TO OBTAIN CRIMINAL
HISTORY RECORD INFORMATION CONCERNING  SUCH  INDIVIDUALS.  THE  DIVISION
SHALL CONDUCT BACKGROUND INVESTIGATIONS OF ALL SUCH INDIVIDUALS.  DETER-
MINATIONS  ON  THE  EFFECT  OF ANY CRIMINAL CONVICTIONS SHALL BE MADE IN
ACCORDANCE WITH ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
  S 3. The director of the office of counter terrorism  in  consultation
with the commissioner of the division of criminal justice services shall
promulgate  rules  and regulations necessary to implement paragraph g of
subdivision 10 of section 163 of the state finance law.
  S 4. This act shall take effect immediately; provided,  however,  that
the amendments to subdivision 10 of section 163 of the state finance law
made  by  section  one  of  this act shall not affect the repeal of such
section and shall be deemed repealed therewith.